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Posted: 11/19/2008 12:41:34 PM EDT
[Last Edit: 11/19/2008 12:42:43 PM EDT by Wobblin-Goblin]
http://www.wfsb.com/news/18017434/detail.html#-

Breathalyzer Device Is Racist, Lawyer Says
Lawyer: Test Unfairly Rates Black Men's Lung Capacity

POSTED: 2:26 pm EST November 19, 2008
UPDATED: 2:32 pm EST November 19, 2008

BRIDGEPORT, Conn. –– A lawyer representing a man charged with drunken driving has claimed Connecticut's breathalyzers discriminate against blacks.

Attorney James Ruane represents 40-year-old Tyrone Brown, of Norwalk, who was arrested April 9 by Connecticut State Police on Interstate 95 in Fairfield.

In a motion filed Tuesday in Bridgeport Superior Court, Ruane asked a judge to suppress his client's breathalyzer test results.

He contends the device used by state police and most local police departments, the Intoxilyzer 5000, discriminates against blacks.

Ruane said research shows the lung capacity of a black man is 3 percent lower than a white man’s and, therefore, black men's test results vary from the sobriety standard set by the device.

Assistant State's Attorney Mark Durso declined comment.
Link Posted: 11/19/2008 12:44:00 PM EDT
This guy is trying to tell me that I have 3% more lung capacity than LeBron James?
Link Posted: 11/19/2008 12:46:40 PM EDT
It's about time this injustice was exposed
(we need seperate and unequal testers)
Link Posted: 11/19/2008 12:47:23 PM EDT
So if your lungs are fucked from smoking 2 packs a day for 15 years do you get a get-out-of-DUI free card?
Link Posted: 11/19/2008 12:48:00 PM EDT
hmmm. . . I wonder what asian's lung capacity is. . .
Link Posted: 11/19/2008 12:48:01 PM EDT
Originally Posted By 87GN:
This guy is trying to tell me that I have 3% more lung capacity than LeBron James?



The man's story IS plausible... I'm sure Lebron James ain't laying on his couch smokin Kools and swilling 40's.
Link Posted: 11/19/2008 12:48:43 PM EDT
Hope and Change ya'll!!  

PS - Hey Barack!? Where's my check!?!?
Link Posted: 11/19/2008 12:48:48 PM EDT
BBBrraakkk IS GONNA FIX IT.....
Yalls just racist..ats all...
Link Posted: 11/19/2008 12:49:24 PM EDT
Well several thousand DUI cases in my county are about to be thrown out because the MFR is refusing to release its source code, in violation of several court orders.
Link Posted: 11/19/2008 12:49:54 PM EDT
Yeah, those things have been keepin the white man down for years!
Link Posted: 11/19/2008 12:52:47 PM EDT
Link Posted: 11/19/2008 12:52:48 PM EDT
So what isn't racist anymore?
Link Posted: 11/19/2008 12:52:59 PM EDT
The old Albert Collins excuse.



I ain't drunk

Everyday baby, when the sun go down
I get with my friends, an' I begin to clown
I don't care, what the people are thinkin'
I ain't drunk, I'm just drinkin'

(But you're so high)
Oh man, you know I ain't high
(But you're so high)
I just take a little bit, now an' then
(But you're so high)
Now you oughta be 'shamed of yourself
(Stay drunk all the time)
Oh, c'mon now, you know ya'all get like that

Come home last night, all loose
Baby get in a fuss, I said, "Honey, hush"
I don't care, what the people are thinkin'
I ain't drunk, I'm just drinkin'

(But you're so high)
I ain't drunk, I done told ya'all I ain't drunk now
What ya'all doin' drinkin'?
(But you're so high)
Actually, I'm just havin' fun, man
(But you're so high)
What? I know I'm not
(Stay drunk all the time)
Damn, I don't know why you're all talkin' about me like that!

You done the right thing, I wanna thank you, too
Now, let's have a little drink, just me an' you
I don't care, what the people are thinkin'
I ain't drunk, but I'm just drinkin'

(But you're so high)
Who me? I ain't high man
(But you're so high)
I don't know why you all talk about me like that
(But you're so high)
You oughta mind your own business, brother
(Stay drunk all the time)

You, you oughta watch yourself, too
You don't understand what I'm sayin'

I wanna tip you, baby, before I go
I be back tomorrow night an' drink so mo'
I don't care, what the people are thinkin'
I ain't drunk, I'm just drinkin'

(But you're so high)
Oh no, you the one drunk!
Look at yo' eyes, man!
(But you're so high)
Don't you tell my old lady, now!
(But you're so high)
Well I ain't had but four or five
(Stay drunk all the time)
Six, seven, eight, nine, ten, eleven, twelve
Link Posted: 11/19/2008 12:54:14 PM EDT
Originally Posted By Fuggit:
http://i36.tinypic.com/b5qlid.jpg


oh my goodness
Link Posted: 11/19/2008 12:54:50 PM EDT
[Last Edit: 11/19/2008 12:56:11 PM EDT by feedmyAR]
Link Posted: 11/19/2008 1:34:44 PM EDT
Originally Posted By 87GN:
Well several thousand DUI cases in my county are about to be thrown out because the MFR is refusing to release its source code, in violation of several court orders.



Which Machine???
Link Posted: 11/19/2008 1:41:30 PM EDT
Actually that is correct because you have to be very careful about entering race when you do pulmonary function tests.  The accepted normal ranges for white people are not the same for blacks, asians, mexicans, etc.  Weather or not it has any bearing here, I can't say.  I would think no.  If your lungs will hold 4L of air, somewhat average for an adult, 3% difference is only 12 ml.  It's different, but I don't hink that it matters that much.
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